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Codification of the Bankruptcy Acts

The Bankruptcy Act of 1898 in title 11

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Title 11 of the U.S. Code restated the Bankruptcy Act under its own section numbers from 1926 until the Bankruptcy Reform Act of 1978 replaced it. Old opinions and briefs cite the same provision both ways (“§ 17a of the Bankruptcy Act”, “11 U.S.C. § 35(a)”). This table gives both numbers for every section, as the nine editions from 1926 to 1976 print them. Each title 11 section is tied to the Act through the source credit printed after it.

In the 1926 Code

The Act’s 72 sections became title 11’s 72 sections, one for one and in the same order. Each chapter starts at a round number:

ChapterAct §§11 U.S.C. §§
1. Definitions11
2. Creation of courts of bankruptcy and their jurisdiction211
3. Bankrupt3–1721–35
4. Courts and procedure therein18–3241–55
5. Officers, their duties and compensation33–5461–82
6. Creditors55–6091–96
7. Estates61–72101–112

Chapter captions are as printed in the 1926 Code’s analysis, p. 243.

How the numbering developed

  • Numbers never moved. Once a title 11 section number was assigned, it never moved. Later editions only added sections in the gaps, marked repealed sections, or stopped printing text.
  • 1934 edition. It added chapter 8 (§§ 201–207, Act §§ 73–77B, the debtor-relief provisions of 1933–34). It also added a chapter 9 at §§ 301–303 for the municipal-debt provisions of May 24, 1934 (Act §§ 78–80).
  • 1940 edition. It added the Chandler Act’s chapters X–XIV at the Act’s number plus 400 (Act § 101 = 11 U.S.C. § 501, and so on). It moved chapter 9 to §§ 401–404 (the 1937 municipal provisions, Act §§ 81–84). It printed the old §§ 301–303 only as “Unconstitutional.”
  • 1976 edition. It replaced §§ 401–404 with the new chapter 9 of 1976, Act §§ 81–98 = 11 U.S.C. §§ 401–418.
  • Two Act sections were renumbered in 1952, and the Code kept the old title 11 numbers:
    • Act § 355 became § 354 (11 U.S.C. § 755);
    • Act § 644 became § 643 (11 U.S.C. § 1044).
  • The trap. 11 U.S.C. § 401 is Act § 81, but Act § 401 is 11 U.S.C. § 801.

The table

Act section, its 11 U.S.C. number, its catchline, and notes on what changed from edition to edition (1926–1976). Select a column heading to sort by that column.

11Meaning of words and phrases
211Creation of courts of bankruptcy and their jurisdiction
321Acts of bankruptcy
422Who may become bankrupts
523Partners
624Exemptions of bankrupts
725Duties of bankrupts
826Death or insanity of bankrupts
927Protection of bankrupts
1028Apprehension and extradition of bankrupts
1129Suits by and against bankrupts
1230Compositions; when confirmedCatchline only, text not printed from the 1940 edition; Transferred from the 1976 edition
1331Same; when set asideCatchline only, text not printed from the 1940 edition; Transferred from the 1976 edition
1432Discharges, when granted
1533Discharges, when revoked
1634Co-debtors, guarantors or sureties for bankrupts
1735Dischargeability of debts
1841Process; pleadings; and adjudications
1942Jury trials
2043Oaths; affirmations
2144Evidence
2245Reference of petitions
2346Jurisdiction of controversies between receivers and trustees and adverse claimants
2447Jurisdiction of appellate courts
2548Practice on appeals
2649Arbitration of controversies
2750Compromises
2851Designation of newspapers
2952OffensesRepealed from the 1952 edition
3053Rules, forms, and ordersRepealed from the 1964 edition
3154Computation of time
3255Transfer of cases
3361Creation of two offices
3462Appointment, reappointment, and removal of referees
3563Qualifications of referees
3664Oaths of referees
3765Number and territories of referees
3866Jurisdiction of referees
3967Duties of referees; prohibition against practice of law and acting as trustees or receivers; review of orders
4068Compensation of referees; referees' salary and expense fund; retirement of referees
4169Contempts before referees
4270Records of referees
4371Vacancies; referee’s absence or disability
4472Trustees; creditors' committees; and attorneys
4573Receivers and trustees; qualifications
4674Death or removal of receiver or trustee
4775Trustees; duties
4876Receivers; marshals, and trustees; compensation
4977Receivers and trustees; accounts and papers
5078Bonds
5179Clerks; duties
5280Clerks and marshals; compensation
5381Statistics
5482Statistics of bankruptcy proceedingsRepealed from the 1946 edition
5591Meetings of creditors
5692Voters at creditors' meeting
5793Proof and allowance of claims
5894Notices
5995Who may file and dismiss petitions
6096Preferred creditors
61101Depositories for money
62102Expenses of administering estates; unauthorized sharing of fees; withholding allowances
63103Debts which may be proved
64104Debts which have priority
65105Declaration and payments of dividends
66106Unclaimed moneys
67107Liens and fraudulent transfers
68108Set-offs and counterclaims
69109Taking possession of property; receivers
70110Title to property
71111Clerks' indexes; certificates of search; dockets
72112Limitation of compensation of officers of court
73201Additional jurisdictionFirst appears in the 1934 edition; Catchline only, text not printed from the 1940 edition; Transferred from the 1976 edition
74202Compositions and extensionsFirst appears in the 1934 edition; Catchline only, text not printed from the 1940 edition; Transferred from the 1976 edition
75203Agricultural compositions and extensionsFirst appears in the 1934 edition; Omitted from the 1964 edition
76204Extensions extended to persons secondarily liable for debt; evidence of confirmation of extensionFirst appears in the 1934 edition; Repealed from the 1940 edition
77205Reorganization of railroads engaged in interstate commerceFirst appears in the 1934 edition
77A206Additional jurisdictionFirst appears in the 1934 edition; Catchline only, text not printed from the 1940 edition; Transferred from the 1976 edition
77B207Corporate reorganizationFirst appears in the 1934 edition; Catchline only, text not printed from the 1940 edition; Transferred from the 1976 edition
78301 (1934); 301–303 (1940–1970)Declaration of policyMunicipal-debt provisions added May 24, 1934 (chapter 9 of the 1934 edition). From the 1940 through the 1970 edition printed only as “§§ 301–303. Unconstitutional.” Not in the 1976 edition
79302 (1934); 301–303 (1940–1970)Additional jurisdictionSee Act § 78
80303 (1934); 301–303 (1940–1970)Municipal-debt readjustmentsSee Act § 78
81401DefinitionsFirst appears in the 1940 edition; In the 1940–1970 editions these are the municipal-debt provisions of Aug. 16, 1937; the 1976 edition prints the new chapter IX of Apr. 8, 1976 (Act §§ 81–98) under the same numbers
82402Jurisdiction and powers of courtFirst appears in the 1940 edition; In the 1940–1970 editions these are the municipal-debt provisions of Aug. 16, 1937; the 1976 edition prints the new chapter IX of Apr. 8, 1976 (Act §§ 81–98) under the same numbers
83403Reservation of State power to control governmental functions of political subdivisionsFirst appears in the 1940 edition; In the 1940–1970 editions these are the municipal-debt provisions of Aug. 16, 1937; the 1976 edition prints the new chapter IX of Apr. 8, 1976 (Act §§ 81–98) under the same numbers
84404Eligibility for reliefFirst appears in the 1940 edition; Repealed from the 1946 edition; In the 1940–1970 editions these are the municipal-debt provisions of Aug. 16, 1937; the 1976 edition prints the new chapter IX of Apr. 8, 1976 (Act §§ 81–98) under the same numbers
85405Petition and proceedings relating to petitionFirst appears in the 1976 edition
86406Representation of creditorsFirst appears in the 1976 edition
87407Reference, expenses, and joint administrationFirst appears in the 1976 edition
88408ClaimsFirst appears in the 1976 edition
89409PrioritiesFirst appears in the 1976 edition
90410Filing and transmission of plan and modificationsFirst appears in the 1976 edition
91411Provisions of planFirst appears in the 1976 edition
92412AcceptanceFirst appears in the 1976 edition
93413Objection to planFirst appears in the 1976 edition
94414ConfirmationFirst appears in the 1976 edition
95415Effect of confirmationFirst appears in the 1976 edition
96416Postconfirmation mattersFirst appears in the 1976 edition
97417Effect of exchange of debt securities before date of the petitionFirst appears in the 1976 edition
98418DismissalFirst appears in the 1976 edition
101501Exclusive application of chapter
102502Application of other provisions
106506In general
107507Creditors affected by plan; determination
111511Exclusive jurisdiction over debtor and property
112512Matters prior to approval of petition; jurisdiction, powers and duties
113513Temporary stay of actions prior to approval of petition
114514Matters upon approval of petition; jurisdiction, powers, and duties
115515Jurisdiction as in insolvency upon approval of petition
116516Additional jurisdiction over administration of estate upon approval of petition
117517Reference to referee or special master; appointment of receiver
118518Transfer of proceedings to another districtRepealed from the 1952 edition
119519Extensions of time
120520Notices
121521Appellate jurisdiction
126526Filing petition; persons entitled
127527Petition filed in pending bankruptcy proceeding
128528Place of filing original petition
129529Subsidiary corporation: place of filing petition
130530Contents
131531Additional contents of creditors' or indenture trustee’s petition
132532Fees for filing
133533Service of copy of petition and subpena on debtor
136536Debtor’s answer
137537Creditor’s, indenture trustee’s, or stockholder’s answer
141541Petition of debtor
142542Failure of debtor to answer; non-controversial answer
143543Controversial answer by debtor; determination of issues
144544Controversial answer by creditor, indenture trustee, or stockholder; determination of issues
145545Finality of determinations
146546Good faith of petition
147547Amendment of petition to comply with provisions governing arrangements
148548Order of approval as stay of other proceedings
149549Final order of approval as determinative of court’s jurisdiction
156556Appointment of trustees; continuance of debtor in possession
157557Attorney for trustee
158558Interest of persons
159559Termination of trustee’s appointment or debtor’s possession
160560Appointment of additional trustees; removal and substitution of trustees; hearings, time and notice
161561Hearing; time and notice
162562Objections at hearing to trustee or possession of debtor
163563Schedules; debtor continued in possession
164564Schedules of debtor not continued in possession
165565Information of third persons as to security holders
166566Impounding schedules, lists, copies, or information; inspection or use
167567Powers and duties; trustee
168568Powers and duties of disinterested person where debtor is in possession
169569Preparation, filing, and hearing on plan; trustee appointed
170570Plan where debtor continued in possession
171571Notice and time of hearing on plan
172572Submission of plans to Securitites and Exchange Commission for report
173573Approval of plan; order to await report of Commission
174574Entry of order approving plan and fixing time for acceptance
175575Submission of information to creditors and stockholders after approval
176576Soliciting acceptance of plan before order of approval
177577Approval of plan for public utility
178578Plan approval for intrastate public utility
179579Acceptance of plan; hearing for confirmation
180580Effect of order of approval of plan on right to object to confirmation
186586Trustee; title
187587Rights, powers, and duties of trustee
188588Debtor in possession: title, rights, duties and powers
189589Operation of business and management of property; reports
190590Reports; form; contents; inspection; distribution
191591Employment of officers of debtor
196596Filing and allowing proofs of claims; objections to allowances
197597Classification of creditors and stockholders
198598Claims by indenture trustee for all holders under trust
199599United States as creditor
200600Rights, duties, and liabilities of creditors, etc
201601Provability of claims arising after petition
202602Rejection of executory contract or unexpired lease; assignment of future rent claim
203603Disqualification of votes on acceptance in absence of good faith
204604Surrender, etc., of claims upon distribution under plan
205605Unclaimed cash and securities
206606Persons entitled to hearings
207607Intervention of parties; notices generally
208608Intervention of Securities and Exchange Commission
209609Representation in proceedings
210610Statement by attorney
211611Statement by committees, etc., and indenture trustees
212612Powers of court as to representation, accounting, unfair powers, claims, stock acquisition
213613Representation of creditors or stockholders; intervention
216616Provisions of plan
221621Confirmation by court
222622Alteration or modification of plan
223623Acceptance by creditors and stockholders of altered plan
224624Effect of confirmation
225625Objections to distribution
226626Property to be free of claims; exceptions
227627Execution of instruments, satisfaction of liens, etc
228628Final decree on consummation of plan
229629Acts deemed consummating plan; order declaring consummation; substantial alteration or modificationFirst appears in the 1952 edition
236636Failure to effectuate plan or consummation
237637Dismissal of original petition; discharge of trustee and closing of estate
238638Procedure upon order directing that bankruptcy be proceeded with
241641Petitioning creditors; court officers; attorneys therefor
242642Representatives and other parties in interest; attorneys therefor
243643Creditors and stockholders; attorneys therefor
244644Petition filed in pending bankruptcy proceeding
245645Compensation and costs of referee in bankruptcy
246646Dismissal of proceeding or adjudication of bankruptcy
247647Hearing of applications
248648Dismissal of proceeding and reinstatement of bankruptcy; charging of allowances in bankruptcy
249649Statement of claims or stock acquired or transferred after commencement of proceeding
250650Appeals
256656Right to petition for reorganization during pendency of prior proceedings
257657Trustee or debtor in possession vested with rights of prior fiduciary
258658Protection of obligations of prior fiduciary; payment of costs and expenses
259659Reinstatement of prior proceeding on dismissal of reorganization; reorganization allowances and obligations
261661Suspension of statutes of limitation, etc
262662Petition as act of bankruptcy if dismissed
263663Inapplicability to National Housing Act insured mortgage
264664Unregistered securities; use of mails and interstate commerce
265665Securities and Exchange Commission; notices, information and assistants
266666Secretary of Treasury; notices and information to
267667Taxes; exemption from stamp taxes
268668Income or profit from modification of indebtedness
269669Plan to avoid taxes; objection to confirmation
270670Income tax property basis adjustment
271671Assessment and payment or acceptance of plan as to taxes
272672Labor and company unions; right to organize or join
276676Proceedings to which chapter applies
301701Exclusive application of chapter
302702Application of other provisions
306706In general
307707Creditors; debts; claims
308708Creditors affected by arrangement; determination
311711Exclusive jurisdiction of debtor and property
312712Jurisdiction, powers, and duties
313713Additional jurisdiction, powers, and duties
314714Stay of actions
315715Notices
316716Appellate jurisdiction
321721Filing petition; pending bankruptcy proceeding
322722Filing of original petition
323723Contents of petition
324724Statements and fees accompanying petition
325725Petition in pending bankruptcy proceedings as stay
326726Bond of debtor in original petition
327727Failure to file bond
328728Dismissal proceedings; amended petitionFirst appears in the 1952 edition
331731Reference to referee
332732Appointment of receiver or continuance of trustee in possession
333733Appointment of appraisers
334734Meeting of creditors; time
335735Contents of notice of creditors meeting and accompanying information
336736Conduct and business at creditors meeting
337737Conduct and business at creditors meeting after acceptance of arrangement
338738Election of creditors' committee; nomination of trustee
339739Functions and expenses of creditors' committeeFirst appears in the 1970 edition
341741In general
342742Continuance of debtor in possession
343743Operation of business and management of property; reports
344744Issuance of certificates of indebtedness
351751Classification of creditors
352752Rights, duties, and liabilities of creditors, etc
353753Rejection of executory contract or unexpired lease; assignment of future rent claim
354754; 755Expiration of time for filing claims in pending bankruptcy (§ 754); Allowance of claims upon order to proceed with bankruptcy (§ 755)§ 754 (the original Act § 354) is shown as repealed from the 1952 edition. § 755 was Act § 355 until 1952, when it was renumbered § 354; shown as repealed from the 1970 edition
355755 (1940–1946); 755a (from 1964)Allowance of claims upon order to proceed with bankruptcy (§ 755); Proofs of claim; filing before confirmation; exceptions (§ 755a)The original Act § 355 (11 U.S.C. § 755) was renumbered § 354 in 1952. A new Act § 355 appears as § 755a from the 1964 edition
356756Modification of rights of unsecured creditors
357757Permissive provisions
361761Unanimously accepted arrangement; confirmation upon deposit by debtor
362762Majority accepted arrangement; application for confirmation
363763Alterations or modifications prior and subsequent to confirmation
364764Acceptance of altered arrangement
365765Notice of adjourned or reopened meeting and of proposed alteration
366766Requisites for confirmation
367767Effect of confirmation
368768Retention of jurisdiction; provision in arrangement
369769Final allowance or disallowance of debts as termination of jurisdiction
370770Allowance of debts; distribution of deposited consideration
371771Discharge of unsecured debts upon confirmation
372772Final decree upon consummation of arrangement
376776Abandonment or rejection of arrangement before confirmation
377777Termination or default after confirmation
378778Procedure upon order directing that bankruptcy be proceeded with
379779Adjudication against wage earner or farmer; consent
380780Final decree upon dismissal of original petition
381781Proceedings after confirmation of arrangementFirst appears in the 1952 edition
386786Fraud in procuring arrangement
387787Alteration or modification of confirmed arrangement; procedureFirst appears in the 1958 edition
391791Suspension of statutes of limitation, etc
392792Notices; manner of giving
393793Unregistered securities; use of mails and interstate commerce
394794Secretary of Treasury; notices and information to
395795Taxes; income or profit from modification of indebtedness
396796Income tax; property basis adjustment
397797Assessment and payment of taxes or acceptance of arrangement by taxing agency
399799Proceedings to which chapter applies
401801Exclusive application of chapter
402802Application of other provisions
406806In general
407807Creditors affected by arrangement; determination
411811Exclusive jurisdiction of debtor and property
412812Jurisdiction, powers, and duties
413813Additional jurisdiction, powers, and duties
414814Stay of actions
415815Notices
416816Appellate jurisdiction
421821Filing petition; pending bankruptcy proceeding
422822Filing of original petition
423823Contents of petition
424824Statements and fees to accompany petition
425825Petition in pending bankruptcy proceeding as stay of adjudication or administration
426826Bond of debtor in original petition
427827Failure to give bond
428828Petition as stay of actions
431831Reference of proceeding to referee
432832Appointment of trustee
433833Appointment of appraisers
434834Meeting of creditors; time; notice
435835Contents of notice of creditors meeting and accompanying information
436836Conduct and business at creditors meeting
437837Conduct and business at creditors meeting after acceptance of arrangement
441841Trustee; title
442842Trustee’s rights, duties, and powers
443843Powers, rights, and duties to be same as if bankruptcy adjudged
444844Continuance of debtor in possession
445845Operation of business and management of property; reports
446846Issuance of certificates of indebtedness
451851Filing proofs of claims; manner; time; objections to allowance
452852Classification of creditors
453853Hearing as to value of security
454854Indenture trustee; filing claims
455855United States as creditor
456856Creditor may act in person or by agent
457857Rights, duties, and liabilities of creditors, etc
458858Rejection of executory contract or unexpired lease; assignment of future rent claim; rights of injured party
459859Allowance of claims upon order to proceed with bankruptcyRepealed from the 1970 edition
461861Contents of arrangement
466866Proposal of approved arrangement
467867Unanimously accepted arrangement; confirmation upon deposit by debtor
468868Majority accepted arrangement; application for confirmation
469869Alterations or modifications; proposal
470870Acceptance of altered arrangement
471871Notice of adjourned or reopened meeting and of proposed alteration
472872Requisites for confirmation
473873Effect of confirmation
474874Property to be free of debts affected by arrangement
475875Execution of instruments; satisfaction of liens, etc
476876Discharge of debts upon confirmation
477877Final decree upon consummation of arrangement
481881Abandonment or rejection of arrangement before confirmation
482882Termination or default after confirmation
483883Procedure upon order directing that bankruptcy be proceeded with
484884Adjudication against wage earner or farmer; consent
485885Final decree upon dismissal of original petition
486886Proceedings after confirmation of arrangementFirst appears in the 1952 edition
491891Court officers and attorneys
492892Other parties in interest
493893Petition filed in pending bankruptcy proceeding
494894Compensation and costs of referee in bankruptcy
495895Dismissal of proceeding or adjudication of bankruptcy; arrangement allowances
496896Hearing of applications
497897Dismissal of proceeding and reinstatement of bankruptcy; charging of allowances in bankruptcy
498898Appeals
506906Right to petition during pendency of prior proceedings
507907Stay; rights of trustee or debtor in possession
508908Protection of obligations of prior fiduciary; payment of costs and expenses
509909Reinstatement of prior proceeding on dismissal of arrangement proceeding; allowances
511911Fraud in procuring arrangement
516916Suspension of statutes of limitation, etc
517917Inapplicability to obligations held by certain Federal agencies
518918Unregistered securities; use of mails and interstate commerce
519919Secretary of Treasury; notices and information to
520920Taxes; income or profit from modification of indebtedness
521921Arrangement to evade taxes
522922Income tax; property basis adjustment
523923Assessment and payment of taxes or acceptance of arrangement by taxing agency
526926Proceedings to which chapter applies
6011001Exclusive application of chapter
6021002Application of other provisions
6061006In general
6071007Creditors affected by plan; determination
6111011Exclusive jurisdiction of debtor, property, and earnings
6121012Jurisdiction, powers, and duties
6131013Additional jurisdiction, powers, and duties
6141014Stay of actions
6151015Notices
6161016Appellate jurisdiction
6211021Filing petition; pending bankruptcy proceeding
6221022Filing of original petition
6231023Contents of petition
6241024Statements and fees accompanying petition
6251025Petition in pending bankruptcy proceedings as stay
6261026Bond of debtor; failure to file
6311031Reference to referee
6321032Meeting of creditors; time; notice
6331033Conduct and business at creditors meetings
6361036In general
6371037Exemptions
6411041Rights, duties, and liabilities of creditors, etc
6421042Rejection of executory contract or unexpired lease; assignment of future rent claims
6431043; 1044Expiration of time for filing claims in pending bankruptcy (§ 1043); Allowance of claims upon order to proceed with bankruptcy (§ 1044)§ 1043 (the original Act § 643) is shown as repealed from the 1952 edition. § 1044 was Act § 644 until 1952, when it was renumbered § 643; the 1958–1970 editions misprint its credit as “formerly § 355”
6441044Allowance of claims upon order to proceed with bankruptcyRenumbered § 643 in 1952; see Act § 643
6461046Contents generally
6511051Unanimously accepted plan; confirmation upon deposit by debtor
6521052Majority accepted plan; application for confirmation
6531053Alterations or modifications prior to confirmation
6541054Acceptance of altered plan
6551055Notice of adjourned or reopened meeting and of proposed alteration
6561056Requisites for confirmation
6571057Binding effect of confirmation
6581058Powers of court during extension period
6591059Priority of payment
6601060Discharge of debtor
6611061Discharge of debtor after three years
6621062Final decree
6661066Procedure upon withdrawal, abandonment, or failure to accept plan
6671067Procedure upon order directing bankruptcy to be proceeded with
6681068Exclusive method of adjudication
6691069Proceedings following confirmation of arrangementFirst appears in the 1952 edition
6711071Fraud in procuring plan
6761076Suspension of statutes of limitation, etc
6771077Notice by mail
6781078District director of internal revenue and Federal agencies; notices
6791079Taxes; income or profit from modification of indebtedness
6801080Assessment and payment of taxes; acceptance of arrangement by taxing agency
6861086Proceedings to which chapter applies
7011101United States Maritime Commission as trustee or receiver, corporations operating vessels to foreign countries
7021102Continued operation of vessels; payment of operating loss
7031103Injunction powers; United States as creditor under preferred ship mortgage
700–7551200–1255Jurisdiction; definitions; petitions; hearings; proceedings; etcChapter XV (railroad adjustments, added 1942). First appears in the 1946 edition, catchline only (text not printed); omitted in the 1976 edition

Notes

  • The Chandler Act (1938) took apart three earlier sections — Act § 12 (compositions), § 74 and § 77B — and spread their subdivisions across chapters X–XIII. The 1976 edition prints a table under each former section showing where each subdivision went.
  • Chapter XV of the Act (§§ 700–755, railroad adjustments, 1942) is printed in 1976 only as “Omitted” (11 U.S.C. §§ 1200–1255).
  • Seven title 11 sections in the 1976 edition were never part of the Act. The Code’s notes say they were “not enacted as a part of the Bankruptcy Act”: §§ 76a, 93a, 101a, 103a, 202a, 205a and 208.

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